DIEBOLD ADMITS ALL SYSTEMS FAIL TO NOTE BALLOT DELETIONS ons of Their 
Software Fail to Record Ballot Deletions
Startling admission made during public hearing in CA to consider 
decertification of the company's voting and tabulation software...
Guest Blogged by Mitch Trachtenberg, with Brad Friedman

http://www.bradblog.com/?p=6995

Even the audit log system on current versions of Premier Election 
Solutions' (formerly Diebold's) electronic voting and tabulating 
systems --- used in some 34 states across the nation --- fail to 
record the wholesale deletion of ballots. Even when ballots are 
deleted on the same day as an election. That's the shocking admission 
heard today from Justin Bales, Premier's Western Region manager, at a 
State of California public hearing on the possible decertification of 
Diebold/Premier's tabulator system, GEMS v. 1.18.19.

An election system's audit logs are meant to record all activity 
during the system's actual counting of ballots, so that later 
examiners may determine, with certainty, whether any fraudulent or 
mistaken activity had occurred during the count. Diebold's software 
fails to do that, as has recently been discovered by Election 
Integrity advocates in Humboldt County, CA, and then confirmed by the 
CA Secretary of State. The flaws, built into the system for more than 
a decade, are in serious violation of federal voting system 
certification standards.

The problems may lead to decertification of the company's voting 
systems, as well as an examination of voting systems made by other 
companies to determine if they too may have been able to sneak such 
violations past both federal and state testers...

Today's hearing was a response to the startling discovery last 
December, by a volunteer group in Humboldt County that, under fairly 
common circumstances, the older version of GEMS used by the county, 
and several others in the state, dropped all votes from the ballots 
in the first deck of ballots run through GEMS. (See BRAD BLOG 
coverage: here, here and here.)

The Humboldt County Election Transparency Project, using the free and 
open source software program Ballot Browser, found that Diebold's 
GEMS system had eliminated all votes from 197 vote-by-mail ballots 
cast in a single precinct in Eureka, CA during last November's 
general election. [DISCLOSURE: Mitch Trachtenberg, author of this 
article, was one of the HTP volunteers. He developed Ballot Browser, 
for use by the project.]
The revelations were made just after Humboldt County Registrar of 
Voters Carolyn Crnich had certified the election results with the 
state, forcing her to recertify with new numbers after the discovery. 
Crnich, who helped found the Transparency Project, was present at 
today's hearing.

Following the discovery of Diebold's dropped votes, and the equally 
disturbing revelation that Diebold had been aware of the problem for 
years, CA's Secretary of State Debra Bowen, initiated an 
investigation which confirmed [PDF] that, under common circumstances, 
the GEMS software would drop all votes from the first scanned deck of 
ballots, the so-called "deck zero."

The investigation also revealed that the problems went far beyond the 
dropping of votes. GEMS v1.18.19, the version used in Humboldt County 
--- as well as versions 1.18.20, 1.18.21, 1.18.22 and 1.18.23 --- 
were discovered to have defective audit logs.

In addition, the software was discovered to have a "Clear" button 
which, when pressed, would actually delete the contents of an audit 
log without even asking for confirmation from the user. That, despite 
repeated federal and state testing and certification of the software 
which failed to notice the egregious programming flaws in violation 
of federal voting system standards requiring indestructible logs to 
track all system events.

The flaws should have kept the systems from receiving certification at all.

"In terms of being able to track down the precise mechanism by which 
the problem had occurred in [the Humboldt] election, critical 
information was simply never recorded," in the audit logs, Deputy 
Sec. of State Lowell Finley said at today's hearing which was made 
available to the public via one-way audio teleconference.
Today's hearing was meant to help determine whether or not GEMS v. 
1.18.19, as used in Humboldt County, should now be decertified by the 
state. However, in response to a question, Premier representative 
Justin Bales admitted that even the most recent versions of GEMS, 
used in a number of other states, such as FL and TX, as well as CA, 
still fail to record the deletion of ballots in their audit logs.

For a decade or more, e-vote system vendors have pointed to the audit 
logs as a way of ensuring that every operation performed by their 
software would be available for inspection in post-election 
examinations. As a result of today's hearing, it has become clear 
that even the most recent versions of Diebold/Premier's vote counting 
software do not actually record all system events.

Bales admitted that his company had "not yet" corrected the problem, 
which was first implemented in the company's software more than a 
decade ago.

Wired's Kim Zetter quotes Bales as noting "We never, again, intended 
for any malicious intent and not to log certain activities. ... It 
was just not in the initial program, but now we're taking a serious 
look at that."
CA SoS Bowen described the Diebold audit logs as "useless".

According to the Secretary of State's report, the four year old bug 
in Diebold/Premier's software triggered a problem in Humboldt's 
election as a result of a personnel change. Diebold had sent a memo, 
back in 2004, to elections managers still using GEMS 1.18.19. This 
memo, without going into details of the software bug, instructed 
elections officials to begin their elections by creating and deleting 
an empty "deck zero."

However, Diebold never sent similar instructions to the federal body 
that had certified their software, never notified the California 
Secretary of State of the problem, and never modified their 
instruction manuals. In Humboldt County, the previous election 
manager left the county without alerting his successor or his 
superiors of Diebold's suggested "workaround", sent out as a single 
notice, via email, back in 2004 (their terse email is posted here.)

Although the California Secretary of State's report indicated that 
the problem was Premier's responsibility, Premier's representative 
attempted to tell the hearing that the blame should be shared, 
suggesting that Crnich, the Humboldt Registrar, should have somehow 
known to delete "deck zero" before using GEMS to count ballots, 
despite her having access to no such instructions.

Humboldt Registrar Carolyn Crnich responded that she was "offended" 
by Diebold's attempt to shift blame, adding "if you are saying that 
your system needs to be checked every damn time you turn it on, then 
I agree with you."

Crnich responded that she was "offended" by Diebold's attempt to 
shift blame, adding "if you are saying that your system needs to be 
checked every damn time you turn it on, then I agree with you."

Tom Pinto, a staffer at Humboldt County's District Attorney's office 
and a volunteer with the Transparency Project, urged that the 
approach used in Humboldt --- independently scanning ballots with 
separately developed open source software and off-the-shelf hardware 
--- be expanded statewide. Pinto stated that the project had 
demonstrated the need for "100% audits."

The question of whether similar problems exist in the audit logs of 
systems certified by other companies was also raised at today's 
hearing by both Election Integrity advocates during the public 
comment period, and afterwards by Bowen herself.

"Clearly, we're going to have to look at this," she told Wired. 
"That's one of the obvious next steps."
A transcript of today's hearing will be posted at this CA SoS webpage.
===
Mitch Trachtenberg is a member of the Humboldt County Election 
Transparency Project, and the author of Ballot Browser, free and open 
source ballot counting software. He is also a partner in Trachtenberg 
Election Verification Systems (TEVSystems), which provides support 
for Ballot Browser.

CLARIFICATION: Our original headline was somewhat clumsily worded as: 
"Diebold Admits ALL Versions of Their Software Delete Ballots Without 
Notice". In fact, while ballots can be deleted by administrators, 
from all versions, without being noted in the audit logs, at this 
time we're only aware of versions 1.18.19, 1.18.20, 1.18.21, 1.18.22 
and 1.18.23 doing so automatically (the "deck zero" bug described in 
the story). All versions of the GEMS software allow the deletion of 
ballots, which are not necessarily recorded in the audit logs. Though 
we don't know if, in fact, the software itself deletes those ballots, 
as we know that it does in the versions mentioned above. We apologize 
for any unintended confusion to readers.
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